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AV Preeminent Peer Rated Attorneys
Dayton Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Dayton Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Law Offices of Robert S. Sobel

  • 1110 Kingwood Dr., Ste. 230, Kingwood, TX 77339-3001

H. Tom Shipp

  • 2715 Grove Manor, Kingwood, TX 77345

A. Michael Kahn, Jr.

  • P.O. Box 3037, Humble, TX 77347

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What do I do about a court summons for credit card debt?

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Answered by attorney Robert Jason De Groot (Unclaimed Profile)
Bankruptcy lawyer at R. Jason de Groot, P.A.
You can file bankruptcy prior to the hearing by hiring a bankruptcy lawyer. But you have no money to do that. The best thing to do is to file a response denying the debt, or the amount. People are not jailed for failing to pay consumer debts, they may be jailed for refusing to follow court orders.
You can file bankruptcy prior to the hearing by hiring a bankruptcy lawyer. But you have no money to do that. The best thing to do is to file a response denying the debt, or the amount. People are not jailed for failing to pay consumer debts, they may be jailed for refusing to follow court orders.
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Do I have to have my Chapter 13 dismissed to get divorced?

Sean Thomas Flynn
Answered by attorney Sean Thomas Flynn (Unclaimed Profile)
Bankruptcy lawyer at The Law Offices of Sean T. Flynn, PLLC
You do not have to dismiss the chapter 13 case. You just have to file a motion to lift stay so that the state court can enter the final decree of divorce and divide up property.
You do not have to dismiss the chapter 13 case. You just have to file a motion to lift stay so that the state court can enter the final decree of divorce and divide up property.
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Why is my boyfriend that I am living with being sued for money in a joint account that was completely his money.

Mark J Markus
Answered by attorney Mark J Markus
Bankruptcy lawyer at Law Office of Mark J. Markus
I'm assuming, although you don't state, that this is a Chapter 7 case.  Your question examplifies a common misunderstanding of the law. In a Chapter 7 case, the Trustee steps into the shoes of the debtor in bankruptcy and, as of the date the case is filed, becomes the owner of any and all assets of the debtor.  If you were on title to a bank account on the date your case was filed, then the Trustee has the sames rights and interest in the money in that account as you do.  Any subsequent transfers of those funds without the Trustee's approval (if it occurred after the bankruptcy case was filed) would be problematic, as you have discovered. Ask yourself this simple question:  Could you have withdrawn money from that joint account legally?  If so, then so can your Trustee. That having been said, your boyfriend had rights in those funds as well, so I don't think it's as cut and dried as the Trustee may think.  Your boyfriend should hire an experienced bankruptcy attorney to represent him at this point. Probably the best thing would have been for your boyfriend to withdraw the money prior to you filing your case and that should have been OK, particularly if he can prove that he is the one who had deposited all the money into the account. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 
I'm assuming, although you don't state, that this is a Chapter 7 case.  Your question examplifies a common misunderstanding of the law. In a Chapter 7 case, the Trustee steps into the shoes of the debtor in bankruptcy and, as of the date the case is filed, becomes the owner of any and all assets of the debtor.  If you were on title to a bank account on the date your case was filed, then the Trustee has the sames rights and interest in the money in that account as you do.  Any subsequent transfers of those funds without the Trustee's approval (if it occurred after the bankruptcy case was filed) would be problematic, as you have discovered. Ask yourself this simple question:  Could you have withdrawn money from that joint account legally?  If so, then so can your Trustee. That having been said, your boyfriend had rights in those funds as well, so I don't think it's as cut and dried as the Trustee may think.  Your boyfriend should hire an experienced bankruptcy attorney to represent him at this point. Probably the best thing would have been for your boyfriend to withdraw the money prior to you filing your case and that should have been OK, particularly if he can prove that he is the one who had deposited all the money into the account. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. 
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